Inmate_Communications_Solution.pdf

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Collin County, TX

REQUEST FOR PROPOSAL

2026-011

INMATE COMMUNICATIONS SOLUTION

RELEASE DATE: November 18, 2025

RESPONSE DEADLINE: December 18, 2025, 2:00 pm

Please refer to the project timeline in this document for all important deadlines.

Request For Proposal #2026-011 Title: Inmate Communications Solution

Table Of Contents

1. INTRODUCTION

2. PURPOSE/SCOPE OF WORK

3. SPECIAL CONDITIONS

4. INSURANCE REQUIREMENTS

5. EVALUATION

6. GENERAL INSTRUCTIONS

7. TERMS OF CONTRACT

8. VENDOR RESPONSE & PROPOSAL FORMAT

9. ATTACHMENTS

Attachments:

B - Attachment_A-Requirements

C - Cost Proposal Worksheet

D - Exceptions

E - CIQ Form

F - Legal Notice

AA - W9

1. INTRODUCTION

1.1. SUMMARY

Collin County is seeking a set of incarcerated people’s communications services (IPCS) and related services, including;

• inmate telephone services in the admissions area (e.g., 37 TAC 265.7, 265.8) and in housing (e.g., 37

TAC 291.1),

• inmate video communication services (e.g., tablets on the inmate’s end), including visitation services

(e.g., 37 TAC 291.4), on-site visitation, and privacy booths for attorney, court, and public use (Court use includes routine magistration (e.g., CCP arts. 15.17(a) (addressing video conferences at magistration),

17.028 (bail proceedings); Texas Tribune v. Caldwell County, 121 F.4th 520 (5th Cir. 2024) (public access to magistration and bail proceedings)) and remote court proceedings (TRCP 21d, 500.10; CCP art. 51.13).),

• inmate tablets, including educational, vocational, and entertainment content and services; law library content and services; and mail services (e.g., 37 TAC 285.3, 287.1, 287.4, 291.2; TCJS, TAM #23-11

(methods for scanning mail)),

• electronic tracking of detention staff rounds (e.g., 37 TAC 275.1; TCJS, Letters on SB 1849 (Nov. 10 and

Dec. 20, 2017) (electronic rounds tracking)), and

• electronic inmate tracking – products for tracking information about inmates, such as basic file information (name, pod assignment, meal restrictions, program requirements, meal requirements, health requirements) (e.g., 37 TAC 265.5, 271.1, 273.1–273.4, 281.4) and location and movement information (such as from a pod to the infirmary or law library and back).

1.2. TIMELINE

RFP Released: November 18, 2025

Pre-Proposal Meeting (1st Opportunity)

(Mandatory):

December 2, 2025, 10:00am

Adult Detention Center Lobby, 4300 Community Ave. McKinney, TX 75071

Pre-Proposal Meeting (2nd Opportunity)

(Mandatory):

December 4, 2025, 1:00pm

Adult Detention Center Lobby, 4300 Community Ave. McKinney, TX 75071

Deadline for Submission of Questions: December 8, 2025, 5:00pm

Response Submission Deadline: December 18, 2025, 2:00pm

Demonstrations: February 2, 2026

Award of RFP: April 6, 2026

2. PURPOSE/SCOPE OF WORK

2.1. Overview

Collin County is seeking a set of incarcerated people’s communications services (IPCS) and related services, including;

• inmate telephone services in the admissions area (e.g., 37 TAC 265.7, 265.8) and in housing (e.g., 37

TAC 291.1),

• inmate video communication services (e.g., tablets on the inmate’s end), including visitation services

(e.g., 37 TAC 291.4), on-site visitation, and privacy booths for attorney, court, and public use (Court use includes routine magistration (e.g., CCP arts. 15.17(a) (addressing video conferences at magistration),

17.028 (bail proceedings); Texas Tribune v. Caldwell County, 121 F.4th 520 (5th Cir. 2024) (public access to magistration and bail proceedings)) and remote court proceedings (TRCP 21d, 500.10; CCP art. 51.13).),

• inmate tablets, including educational, vocational, and entertainment content and services; law library content and services; and mail services (e.g., 37 TAC 285.3, 287.1, 287.4, 291.2; TCJS, TAM #23-11

(methods for scanning mail)),

• electronic tracking of detention staff rounds (e.g., 37 TAC 275.1; TCJS, Letters on SB 1849 (Nov. 10 and

Dec. 20, 2017) (electronic rounds tracking)), and

• electronic inmate tracking – products for tracking information about inmates, such as basic file information (name, pod assignment, meal restrictions, program requirements, meal requirements, health requirements) (e.g., 37 TAC 265.5, 271.1, 273.1–273.4, 281.4) and location and movement information (such as from a pod to the infirmary or law library and back).

2.2. Functions

The IPCS system should be capable of performing various functions or providing various services, including:

• various system functions, including a PIN system, pre-approved number lists, call blocking, restrictions on third-party calls, and call tracking,

• call recording and storage, including a do-not-record list for attorney-client and other privileged calls,

• call monitoring with an alert to listed persons in the SO (e.g., The system hears a key word used in an inmate phone call in near-real time and alerts a detention officer or deputy sheriff. Or the system detects one inmate using another inmate’s PIN and alerts a detention officer.),

• call transcription services,

• key-word searching by, for example, calls arranged or stored by inmate PINs and time and date,

• voice biometrics (e.g., to detect one inmate using another inmate’s PIN),

• options for call-length or call-frequency limitations,

• communication access for inmates with communications disabilities (e.g., 47 CFR 64.6040; 47 CFR

Chapter 1, Subchapter B, Part 64, Subpart F (provisions applicable to correctional facilities); TCJS, TAM

#22-01 (VRS for inmates with a hearing disability)),

• the ability to provide a recording of a call or call-identifying information in response to a court order or other lawful process (e.g., CALEA, 47 U.S.C. §§ 1002–1004; 47 CFR 1.20000 to 1.20007), and

• a connection between the IPCS system and LeoTech and its Verus system (With funding from the

Legislature, the Texas Dept. of Information Resources has a contract with LeoTech, related to TXGANG work, CCP, chapter 67, and the SO’s current IPCS system connects to Verus. DIR links:

https://leotechnologies.com/dir/; https://dir.texas.gov/contracts/dir-cpo-5165.)

2.3. Compliance

The IPCS system must comply with the law and industry standards as far as cybersecurity, data storage, and privacy protection (e.g., attorney-client calls, privileged correspondence, and health information). The IPCS vendor and the parties’ contract must comply with all FCC laws and regulations, including the Martha Wright

Reed Act, Pub. L. No. 117-338, and related regulations, including IPCS, Implementation of the MWR Act, 89

Fed. Reg. 77,244 (Sept. 20, 2024) (MWRA Order), and Access to Video Conferencing, 90 Fed. Reg. 59 (Jan. 2, 2025) (proposed).

2.4. Reimbursements

Collin County recently built and opened a new admissions-and-release area and a new 180-bed orientation-housing cluster for the county jail. The County is also building a new infirmary for the county jail on the same campus area, and the County expects to open portions of the new infirmary with 133 beds in July 2026 and a portion with under 50 beds in June 2027. A prospective IPCS provider may make proposals for the County or an IPCS provider to recover used-and-useful costs that are reimbursable under the FCC’s MWRA Order. See

MWRA Order, 89 Fed. Reg. at 77,276, ¶¶ 181–182, ¶ 243.

2.5. Waivers

A prospective provider should assess whether it may face unusually high costs in providing IPCS to Collin

County such that it may apply for a waiver, see, e.g., MWRA Order, 89 Fed. Reg. at 77,331–77,332, ¶¶ 475–

481; 47 CFR 64.6120, and briefly describe a plan to apply for one.

2.6. Alternate Pricing Plans

https://leotechnologies.com/dir/ https://dir.texas.gov/contracts/dir-cpo-5165.)

A prospective provider should describe any possible alternate pricing plans it may offer. See MWRA Order, 89

Fed. Reg. at 77,322–77,330, 77,358, ¶¶ 424–471, ¶ 632; 64 CFR 64.6140.

2.7. FCC Orders

The FCC regulates IPCS services and pricing under section 276 of the Communications Act of 1934, 47 U.S.C.

§276. In 2023, Congress expanded FCC’s authority to regulate IPCS. See Martha Wright-Reed Just and

Reasonable Communications Act of 2022, Pub. L. No. 117-338, 136 Stat. 6156 (Jan. 5, 2023).

• MWRA Order. On July 18, 2024, the FCC adopted a report and order and notice of proposed rulemaking to implement the MWRA. See FCC, Report & Order, In re IPCS, WC Docket Nos. 23-62 & 12-

375 (adopted July 18, 2024) (released July 22, 2024), https://docs.fcc.gov/public/attachments/FCC-24-

75A1.pdf. On Sept. 20, 2024, the FCC published the final rule. See FCC, IPCS, Implementation of the

Martha Wright-Reed Act, 89 Fed. Reg. 77244 (Sept. 20, 2024). This is the MWRA order.Among other things, the MWRA order (1) set caps on audio IPCS rates, (2) set interim caps on video IPCS rates, (3) prohibited monetary and in-kind site commissions, (4) restricted an IPCS provider’s ability to recover the cost of providing a list of common services or functions from regulated IPCS rates, (5) imposed certain per-minute billing requirements, and (6) prohibited an IPCS provider from charging an ancillary service charge (as defined). For a county jail with an ADP over 1,000, the new rate caps and site-commission prohibition went into effect Jan. 1, 2025. See 47 CFR 64.6015.

• June 30 Order. On June 30, 2025, the FCC postponed the deadlines by which IPCS providers must comply with certain rules in the MWRA order until April 1, 2027. See FCC, In re IPCS, WC Docket Nos.

23-62 & 12-375 (adopted & released June 30, 2025), https://docs.fcc.gov/public/attachments/DA-25-

565A1.pdf. This is the June 30 order.Specifically, the FCC temporarily waived the “deadlines for complying with the rate cap, site commission, and per-minute pricing rules.” June 30 order, ¶¶ 1, 25.

The June 30 order did not extend the compliance date for the rule prohibiting ancillary service charges.

See June 30 order, ¶ 19.During this temporary extension of these compliance dates, IPCS providers will remain subject to the interim rate caps, site commission, and per-minute pricing rules applicable to interstate and international audio IPCS under the FCC’s 2021 ICS Order (released May 24, 2021), https://docs.fcc.gov/public/attachments/FCC-21-60A1_Rcd.pdf. See June 30 order, ¶ 19 & nn.52 &

57.A (1) vendor should present its services and pricing as though the MWRA order applies or governs, and a (2) vendor should also present its services and pricing under the June 30 order.

2.8. Presentation of Pricing 1 (MWRA Order)

IPCS. A vendor should list the services, which fall under the definition of IPCS, see 47 CFR 64.6000, that it will provide to persons in the county jail at the current audio caps and interim or permanent video caps. See

MWRA Order, 89 Fed. Reg. at 77,263, ¶ 119; 47 CFR 64.6010. For example, in addition to some level of telephone and video services, the County believes that the costs of various IPCS systems functions—such as a

PIN system, pre-approved number lists, call blocking, and restrictions on third-party calls and call forwarding— https://docs.fcc.gov/public/attachments/FCC-24-75A1.pdf https://docs.fcc.gov/public/attachments/FCC-24-75A1.pdf https://docs.fcc.gov/public/attachments/DA-25-565A1.pdf https://docs.fcc.gov/public/attachments/DA-25-565A1.pdf https://docs.fcc.gov/public/attachments/FCC-21-60A1_Rcd.pdf are recoverable from IPCS rates. See, e.g., MWRA Order, 89 Fed. Reg. at 77,314–77,315, ¶ 386, 77,317, ¶¶

395–397.

Itemized. A vendor should itemize the price for each of its services, including the following. If a vendor offers services in a bundle, the vendor may identify the services or functions in a bundle and the bundle’s price.

• call recording and monitoring,

• call transcription,

• key-word searching,

• voice biometrics,

• call tracking,

• call-length or call-frequency limitations, and

• a connection to LeoTech’s Verus system.

• A vendor should describe its tablets and tablet-based services and itemize the component prices.

• A vendor should describe its visitation equipment (including booths) and services and itemize the component prices.

• A vendor should describe its equipment and services for remote magistration and remote court proceedings and its equipment and services to enable the County to meet its obligation to make magistration and bail proceedings accessible to the public by video or similar means and itemize the component prices.

• A vendor should describe its solution for electronic tracking of detention staff rounds and itemize the component prices.

• A vendor should describe its solution for electronic inmate tracking and itemize the component prices.

2.9. Presentation of Pricing 2 (June 30 Order)

Second, a vendor should present its pricing and services, including a proposal with regard to monetary or in-kind site commissions until April 1, 2027 (or any later extension), under the FCC’s June 30 order.

Best Terms and Changes. A contract should include a provision that ensures that the IPCS provider provides

IPCS and other contracted services and functions, including monetary or in-kind site commissions, on terms most favorable to the County under then-applicable law and FCC rules. A contract should include a provision that requires or permits renegotiation of part or all of the contract for any change in the law, including any change related to the MWRA order, June 30 order, or any successor.

3. SPECIAL CONDITIONS

3.1. AUTHORIZATION

By order of the Commissioners Court of Collin County, Texas sealed proposals will be received for 2026-011

Inmate Communications Solution.

3.2. INTENT OF REQUEST FOR PROPOSAL

Collin County’s intent of this Request for Proposal (RFP) and resulting contract is to provide contractors with sufficient information to prepare a proposal for Inmate Communications Solution.

3.3. TERM

Provide for a three (3) year term commencing on the date of award with the option of two (2) one (1) year renewals.

3.4. TRANSITIONAL PERIOD

Upon normal completion of this contract, not to include termination for default, and in the event that no new contract has been awarded by the original expiration date of the existing contract including any extension thereof, it shall be incumbent upon the Contractor to continue the contract under the same terms and conditions until a new contract can be completely operational. At no time shall this transition period extend more than ninety (90) days beyond the original expiration date of the existing contract and any extension thereof.

3.5. PRE-PROPOSAL CONFERENCE

A mandatory pre-proposal conference will be conducted by Collin County at the Adult Detention Center

Lobby, 4300 Community Ave., McKinney, TX 75071, on Tuesday, December 2, 2025, at 10:00 a.m., and

Thursday, December 4, 2025, at 1:00 p.m. Attendance at one of the two pre-proposal conferences is required.

It is the contractor’s responsibility to review the site and related documents to gain a full understanding of the

RFP requirements. All contractors wishing to submit a proposal are encouraged to have a representative attend the pre-proposal conference.

3.6. POINT OF CONTACT

Information regarding the purchasing process and the contents of this RFP may be obtained from the Collin

County Department or email Hunter Alley, Senior Buyer at halley@co.collin.tx.us.

3.7. FUNDING

Funds for payment have been provided through the Collin County budget approved by the Commissioners

Court for this fiscal year only. State of Texas statutes prohibit the County from any obligation of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that arise after the end of the current Collin County fiscal year shall be subject to budget approval.

Unbudgeted items may be funded through Commissary funds, as available and approved by the Sheriff’s

Office.

3.8. PRICE REDUCTION

If during the life of the contract, the offeror's net prices to its customers for the same product(s) and/or services shall be reduced below the contracted price, it is understood and agreed that the County shall receive such price reduction.

3.9. PRICE REDETERMINATION

A price redetermination may be considered by Collin County only at the twelve (12) month, twenty-four (24) month, thirty-six (36) month and forty-eight (48) month anniversary date of the contract. Any request for redetermination will require a minimum of thirty (30) days written notice, prior to the date of the increase and all requests for price redetermination shall be in written form and shall include documents supporting price redetermination such as Manufacturer’s direct cost, postage rates, Railroad Commission rates, Federal/State minimum wage law, Federal/State unemployment taxes, F.I.C.A., Insurance Coverage Rates, etc. The Vendor’s past experience of honoring contracts at the quotation price will be an important consideration in the evaluation of the lowest and best quote. Collin County reserves the right to accept or reject any/all of the price redetermination as it deems to be in the best interest of the County.

3.10. COMPLETION/RESPONSE TIME

Contractor shall place product(s) and/or complete services at the County’s designated location within the number of calendar days according to the schedule proposed by contractor

3.11. DELIVERY/SETUP/INSTALLATION LOCATION

Locations for delivery and installation will be stated on the Collin County Purchase Order(s). Delivery shall include assembly, setup and installation and shall be included in proposal. Below is the address for work to be completed.

Collin County Detention Center

4300 Community Ave.

McKinney, TX 75071

Collin County Juvenile Detention

4700 Community Ave.

McKinney, TX 75071

3.12. FREIGHT/DELIVERY CHARGES:

Any freight or delivery charges shall be included in the submitted pricing. No additional fees for delivery/freight/fuel surcharges or other fees shall be invoiced or paid by Collin County.

3.13. TESTING

Testing may be performed at the request of Collin County, by an agent so designated, without expense to

Collin County.

3.14. SAMPLES/DEMOS

When requested, samples/demos shall be furnished free of expense to Collin County.

3.15. APPROXIMATE VALUE/USAGE

Approximate usage does not constitute an order, but only implies the probable quantity the County will use.

Estimated annual expenditure is $100,000.00.

3.16. BACKGROUND CHECK

All Contractor employees that will be working on site or by Remote Access shall pass a background check performed by Collin County before any work may be performed. The selected contractor shall be provided the required information for background checks.

3.17. SUBCONTRACTORS

Contractor shall state names of all subcontractors and the type of work they will be performing. If a contractor fails to specify a subcontractor, then he shall be deemed to have agreed that he is fully qualified to perform the contract himself, and that he will fully perform the contract himself.

No proposer whose proposal is accepted shall (a) substitute any subcontractor, or (b) permit a subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original proposal without approval in writing from the Collin County

Purchasing Department.

The successful proposer further agrees that Collin County and its agents, servants and employees shall not be liable for any loss or damage resulting from personal injury, physical loss, harassment of or discrimination against employee or other violations of the provisions of this contract occasioned by the acts or omissions of the successful proposer’s sub-contractors, their agents or employees. The indemnification provisions of this contract shall apply to all sub-contractors.

3.18. CONFIDENTIAL OR PROPRIETARY INFORMATION

Collin County is subject to the Texas “Public Information Act”, Texas Government Code Chapter

552. Contractors shall identify those portions of their proposals that they deem to be confidential, proprietary information or trade secrets. Contractors shall clearly indicate each and every section to which this applies. It is not sufficient to preface the entire proposal with a proprietary statement. State of Texas Attorney General retains the final authority as to the extent of material that is considered proprietary or confidential.

3.19. PROPOSAL SCHEDULE

Collin County reserves the right to change the schedule of events as it deems necessary.

RFP Released: November 18, 2025

Pre-Proposal Meeting (1st Opportunity)

(Mandatory):

December 2, 2025, 10:00am

Adult Detention Center Lobby, 4300 Community Ave. McKinney, TX 75071

Pre-Proposal Meeting (2nd Opportunity)

(Mandatory):

December 4, 2025, 1:00pm

Adult Detention Center Lobby, 4300 Community Ave. McKinney, TX 75071

Deadline for Submission of Questions: December 8, 2025, 5:00pm

Response Submission Deadline: December 18, 2025, 2:00pm

Demonstrations: February 2, 2026

Award of RFP: April 6, 2026

4. INSURANCE REQUIREMENTS

1. Before commencing work, the vendor shall be required, at its own expense, to furnish the Collin County

Purchasing Agent with certified copies of all insurance certificate(s) indicating the coverage to remain in force throughout the term of this contract.

1. Commercial General Liability insurance including but not limited to the coverage indicated below. Coverage shall not exclude or limit Products/Completed Operations, Contractual Liability, or

Cross Liability. Coverage must be written on occurrence form.

Each Occurrence $1,000,000

Personal Injury &Adv Injury $1,000,000

Products/Completed Operation Aggregate $2,000,000

General Aggregate $2,000,000

2. Workers Compensation insurance as required by the laws of Texas, and Employers’ Liability.

Employers Liability

Liability, Each Accident $500,000

Disease - Each Employee $500,000

Disease - Policy Limit $500,000

iii. Commercial Automobile Liability insurance which includes any automobile (owned, non-owned, and hired vehicles) used in connection with the contract.

Combined Single Limit - Each Accident $1,000,000

iv. Professional/Errors & Omissions Liability insurance with a two (2) year extended reporting period. If you choose to have project coverage endorsed onto your base policy, this would be acceptable.

Each Occurrence/Aggregate $1,000,000

v. Umbrella/Excess Liability insurance

Each Occurrence/Aggregate $1,000,000

2. With reference to the foregoing insurance requirement, the vendor shall endorse applicable insurance policies as follows:

i. A waiver of subrogation in favor of Collin County, its officials, employees, volunteers and officers shall be provided for General Liability, Commercial Automobile Liability, and Workers’ Compensation.

ii. The vendor's insurance coverage shall name Collin County as additional insured under the General Liability policy.

iii. All insurance policies shall be endorsed to require the insurer to immediately notify Collin County of any decrease in the insurance coverage limits.

iv. All insurance policies shall be endorsed to the effect that Collin County will receive at least thirty (30) days notice prior to cancellation, non-renewal or termination of the policy.

v. All copies of Certificates of Insurance shall reference the project/contract number.

3. All insurance shall be purchased from an insurance company that meets the following requirements:

i. A financial rating of A-VII or higher as assigned by the BEST Rating Company or equivalent.

4. Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions representing and warranting the following:

i. Sets forth all endorsements and insurance coverages according to requirements and instructions contained herein.

ii. Sets forth the notice of cancellation or termination to Collin County.

5. EVALUATION

The award of the contract shall be made to the responsible contractor, whose proposal is determined to be the best evaluated offer resulting from negotiation, taking into consideration the relative importance of price and other factors set forth in the Request for Proposals in accordance with Texas Local Government 262.030.

The Evaluation Committee will review all proposals received by the Opening date and time as part of a documented evaluation process. For each decision point in the process, the County will evaluate contractors according to specific criteria and will elevate a certain number of contractors to compete against each other. The proposals will be evaluated on the following criteria.

The County will use a competitive process based upon “selection levels.” The County recognizes that if a contractor fails to meet expectations during any part of the process, it reserves the right to proceed with the remaining contractors or to elevate a contractor that was not elevated before. The selection levels are described in the following sections.

Compliance Review Phase - Conformance with Mandatory Requirements (Pass/Fail)

The first part of the elevation process (the Compliance Review Phase) is to validate the completeness of the proposal and ensure that all the RFP guidelines and submittal requirements are met. Contractors may, at the discretion of the County, be contacted to submit clarifications or provide additional information. Once request has been made, contractors will have two (2) business days to respond. Incomplete or noncompliant RFPs may be disqualified.

Level 1 – Detailed Proposal Assessment (Maximum 115 Points)

The Evaluation Committee will conduct a detailed assessment of all proposals elevated to this Level. See Level

1 below for criteria. It is anticipated that Collin County will elevate proposals scoring at least 80.5 points (70%) to Level 2.

Level 2 – Demonstration of Solution (optional) & References (Maximum 50 Points)

The County will contact the references. These references will be asked a series of questions regarding their satisfaction with the solution and the performance of the implementation supplier. Offeror will be asked to respond in writing to issues and questions raised by the County as well as any other cost and implementation planning considerations in the proposal, and may be invited to present their responses on-site. Proposals may be re-evaluated based upon Criteria in level 1.

Level 3 – Best And Final Offer

Contractors who are susceptible of receiving award may be elevated to Level 3 for Best and Final

Offer. Contractor will be asked to respond in writing to issues and questions raised by the County as well as any other cost and implementation planning considerations in the proposal, and may be invited to present their responses on-site. Proposals may be re-evaluated based upon Criteria in level 1 and 2.

Based on the result of the Best and Final Offer evaluation, a single contractor will be identified as the finalist for contract negotiations. If a contract cannot be reached after a period of time deemed reasonable by the

County, it reserves the right to contact any of the other contractors that have submitted proposals and enter into negotiations with them.

LEVEL 1

No. Evaluation Criteria Scoring Method Weight (Points)

1. Solution Meeting Requirements

See Attachment A (§8 Proposal Format /

Vendor Response, Question 6.1).

Points Based 25 (21.7% of Total)

2. Firm Overview, Staff Qualifications /

Experience / Credentials & Additional

Information

Points Based 20 (17.4% of Total)

3. Quality Assurance Plan Points Based 20 (17.4% of Total)

4. Cost

(§8 Vendor Response & Proposal Format, Question 6.2)

Reward Low Cost 50 (43.5% of Total)

LEVEL 2

No. Evaluation Criteria Scoring Method Weight (Points)

1. References Points Based 30 (60% of Total)

2. Demonstration of Solution (optional) Points Based 20 (40% of Total)

6. GENERAL INSTRUCTIONS

6.1. DEFINITIONS

1. Offeror: refers to submitter.

2. Vendor/Contractor/Provider: refers to a Successful Vendor/Contractor/Service Provider.

3. Submittal: refers to those documents required to be submitted to Collin County, by an Offeror.

4. RFP: refers to Request for Proposal.

5. CSP: refers to Competitive Sealed Proposal

6.2. GENERAL INSTRUCTIONS

1. If Offeror does not wish to submit an offer at this time, please submit a No Proposal response.

2. Awards shall be made not more than ninety (90) days after the time set for opening of Submittals.

3. Collin County is always conscious and extremely appreciative of your time and effort in preparing your

Submittal.

4. Collin County exclusively uses OpenGov eProcurement Portal for the notification and dissemination of all solicitations. The receipt of solicitations through any other company may result in your receipt of incomplete specifications and/or addenda which could ultimately render your Submittal non-compliant. Collin County accepts no responsibility for the receipt and/or notification of solicitations through any other company.

5. A Submittal may not be withdrawn or canceled by the Offeror prior to the ninety-first (91st) day following public opening of Submittals and only prior to award.

6. It is understood that Collin County, Texas reserves the right to accept or reject any and/or all

Proposals/Submittals for any or all products and/or services covered in a Request For Proposal (RFP) and Competitive Sealed Proposal (CSP), and to waive informalities or defects in Submittals or to accept such Submittals as it shall deem to be in the best interest of Collin County.

7. All RFPs and CSPs submitted in hard copy paper form shall be submitted in a sealed envelope, plainly marked on the outside with the RFP/CSP number and name. A hard copy paper form Submittal shall be manually signed in ink by a person having the authority to bind the firm in a contract. Submittals shall be mailed or hand delivered to the Collin County Purchasing Department.

8. Submittals via email, oral, telegraphic or telephonic will not be accepted. RFPs and CSPs may be submitted in electronic format via Collin County eProcurement Portal.

9. All RFPs and CSPs submitted electronically via Collin County eProcurement Portal. shall remain locked until official date and time of opening as stated in the Special Terms and Conditions of the RFP and/or

CSP.

10. Time/date stamp clock in Collin County Purchasing Department shall be the official time of receipt for all RFPs and CSPs submitted in hard copy paper form only, no flash drives, CD-ROMs or any other form of “plug and play” portable storage device will be accepted as a Submittal. RFPs, and CSPs received in the Collin County Purchasing Department after submission deadline shall be considered void and unacceptable. Absolutely no late Submittals will be considered. Collin County accepts no responsibility for technical difficulties related to electronic Submittals.

11. For hard copy paper form Submittals, any alterations made prior to opening date and time must be initialed by the signer of the RFP/CSP, guaranteeing authenticity. Submittals cannot be altered or amended after submission deadline.

12. Collin County is by statute exempt from the State Sales Tax and Federal Excise Tax; therefore, the prices submitted shall not include taxes.

13. Any interpretations, corrections and/or changes to a RFP or CSP and related Specifications or extensions to the opening/receipt date will be made by addenda to the respective document by the

Collin County Purchasing Department. Questions and/or clarification requests must be submitted no later than the date specified in the solicitation. Those received at a later date may not be addressed prior to the public opening. Sole authority to authorize addenda shall be vested in Collin County

Purchasing Agent as entrusted by the Collin County Commissioners Court. Addenda may be transmitted electronically via Collin County eProcurement Portal.

i. Addenda will be transmitted to all that are known to have received a copy of the RFP/CSP and related Specifications. However, it shall be the sole responsibility of the Proposer to verify issuance/non-issuance of addenda and to check all avenues of document availability (i.e.

https://procurement.opengov.com/portal/collincountytx telephoning Purchasing Department directly, etc.) prior to opening/receipt date and time to insure Offeror’s receipt of any addenda issued. Offeror shall acknowledge receipt of all addenda.

14. All materials and services shall be subject to Collin County approval.

15. Collin County reserves the right to make award in whole or in part as it deems to be in the best interest of the County.

16. Any reference to model/make and/or manufacturer used in specifications is for descriptive purposes only. Products/materials of like quality will be considered.

17. Offerors taking exception to the specifications shall do so at their own risk. By offering substitutions, Offeror shall state these exceptions in the section provided in the RFP/CSP or by https://procurement.opengov.com/portal/collincountytx attachment. Exception/substitution, if accepted, must meet or exceed specifications stated therein. Collin County reserves the right to accept or reject any and/or all of the exception(s)/substitution(s) deemed to be in the best interest of the County.

18. Minimum Standards for Responsible Prospective Offerors: A prospective Offeror must meet the following minimum requirements:

i. have adequate financial resources, or the ability to obtain such resources as required;

ii. be able to comply with the required or proposed delivery/completion schedule;

iii. have a satisfactory record of performance;

iv. have a satisfactory record of integrity and ethics;

v. be otherwise qualified and eligible to receive an award.

Collin County may request documentation and other information sufficient to determine Offeror’s ability to meet these minimum standards listed above.

19. Vendor shall bear any/all costs associated with its preparation of a RFP/CSP Submittal.

20. Public Information Act: Collin County is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. All information submitted by prospective Offerors during the solicitation process is subject to release under the Act.

21. The Offeror shall comply with Commissioners Court Order No. 2004-167-03-11, County Logo Policy.

22. Interlocal Agreement: Successful Offeror agrees to extend prices and terms to all entities that has entered into or will enter into joint purchasing interlocal cooperation agreements with Collin

County. Delivery to governmental entities located within Collin County will be at no additional charge or as otherwise provided for in the award document. Delivery charges, if any, for governmental entities located outside of Collin County shall be negotiated between the Vendor and each governmental entity.

23. Proposal Openings: All proposals submitted will be read at the County’s regularly scheduled proposal opening for the designated project. However, the reading of a proposal at proposal opening should be not construed as a comment on the responsiveness of such proposal or as any indication that the

County accepts such proposal as responsive.

The County will make a determination as to the responsiveness of proposals submitted based upon compliance with all applicable laws, Collin County Purchasing Guidelines, and project documents, including but not limited to the project specifications and contract documents. The County will notify the successful Offeror upon award of the contract and, according to state law; all proposals received will be available for inspection at that time.

24. Offeror shall comply with all local, state and federal employment and discrimination laws and shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin or any other class protected by law.

7. TERMS OF CONTRACT

1. A proposal, when properly accepted by Collin County, shall constitute a contract equally binding between the Vendor/Contractor/Provider and Collin County. No different or additional terms will become part of this contract with the exception of an Amendment.

2. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All Amendments to the contract will be made in writing by Collin County Purchasing Agent.

3. No public official shall have interest in the contract, in accordance with Local Government Code Title 5, Subtitle C, Chapter 171.

4. The Vendor/Contractor/Provider shall comply with Commissioners Court Order No. 96-680-10-28, Establishment of Guidelines & Restrictions Regarding the Acceptance of Gifts by County Officials &

County Employees.

5. Design, strength, quality of materials and workmanship must conform to the highest standards of manufacturing and engineering practice.

6. Proposals must comply with all federal, state, county and local laws concerning the type(s) of product(s)/service(s)/equipment/project(s) contracted for, and the fulfillment of all ADA (Americans with Disabilities Act) requirements.

7. All products must be new and unused, unless otherwise specified, in first-class condition and of current manufacture. Obsolete products, including products or any parts not compatible with existing hardware/software configurations will not be accepted.

8. Vendor/Contractor/Provider shall provide any and all notices as may be required under the Drug-Free

Work Place Act of 1988, 28 CFR Part 67, Subpart F, to its employees and all sub-contractors to insure that Collin County maintains a drug-free work place.

9. Vendor/Contractor/Provider shall defend, indemnify and save harmless Collin County and all its officers, agents and employees and all entities, their officers, agents and employees who are participating in this contract from all suits, claims, actions, damages (including personal injury and or property damages), or demands of any character, name and description, (including attorneys’ fees, expenses and other defense costs of any nature) brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of Vendor/Contractor/Provider’s breach of the contract arising from an award, and/or any negligent act, error, omission or fault of the

Vendor/Contractor/Provider, or of any agent, employee, subcontractor or supplier of

Vendor/Contractor/Provider in the execution of, or performance under, any contract which may result from an award. Vendor/Contractor/Provider shall pay in full any judgment with costs, including attorneys’ fees and expenses which are rendered against Collin County and/or participating entities arising out of such breach, act, error, omission and/or fault.

10. Expenses for Enforcement. In the event either Party hereto is required to employ an attorney to enforce the provisions of this Agreement or is required to commence legal proceedings to enforce the provisions hereof, the prevailing Party shall be entitled to recover from the other, reasonable attorney's fees and court costs incurred in connection with such enforcement, including collection.

11. If a contract, resulting from a Collin County RFP/CSP is for the execution of a public work, the following shall apply:

i. In accordance with Government Code 2253.021, a governmental agency that makes a public work contract with a prime contractor shall require the contractor, before beginning work, to execute to the governmental entity a Payment Bond if the contract is in excess of $25,000.00. Such bond shall be in the amount of the contract payable to the governmental entity and must be executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the 56th Legislature, Regular

Session, 1959 (Article 7.19-1 Vernon’s Texas Insurance Code).

ii. In accordance with Government Code 2253.021, a governmental agency that makes a public work contract with a prime contractor shall require the contractor, before beginning work, to execute to the governmental entity a Performance Bond if the contract is in excess of $100,000.00. Such bond shall be in the amount of the contract payable to the governmental entity and must be executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the 56th Legislature, Regular

Session, 1959 (Article 7.19-1 Vernon’s Texas Insurance Code).

12. Purchase Order(s) shall be generated by Collin County to the vendor. Collin County will not be responsible for any orders placed/delivered without a valid purchase order number.

13. The contract shall remain in effect until any of the following occurs: delivery of product(s) and/or completion and acceptance by Collin County of product(s) and/or service(s), contract expires or is terminated by either party with thirty (30) days written notice prior to cancellation and notice must state therein the reasons for such cancellation. Collin County reserves the right to terminate the contract immediately in the event the Vendor/Contractor/Provider fails to meet delivery or completion schedules, or otherwise perform in accordance with the specifications. Breach of contract or default authorizes the County to purchase elsewhere and charge the full increase in cost and handling to the defaulting Vendor/Contractor/Provider.

14. Collin County Purchasing Department shall serve as Contract Administrator or shall supervise agents designated by Collin County.

15. All delivery and freight charges (FOB Inside delivery at Collin County designated locations) are to be included as part of the proposal price. All components required to render the item complete, installed and operational shall be included in the total proposal price. Collin County will pay no additional freight/delivery/installation/setup fees.

16. Vendor/Contractor/Provider shall notify the Purchasing Department immediately if delivery/completion schedule cannot be met. If delay is foreseen, the Vendor/Contractor/Provider shall give written notice to the Purchasing Agent. The County has the right to extend delivery/completion time if reason appears valid.

17. The title and risk of loss of the product(s) shall not pass to Collin County until Collin County actually receives and takes possession of the product(s) at the point or points of delivery. Collin County shall generate a purchase order(s) to the Vendor/Contractor/Provider and the purchase order number must appear on all itemized invoices.

18. Invoices shall be mailed directly to the Collin County Auditor's Office, 2300 Bloomdale Road, Suite

3100, McKinney, Texas 75071. All invoices shall show:

i. Collin County Purchase Order Number;

ii. Vendor’s/Contractor’s/Provider’s Name, Address and Tax Identification Number;

iii. Detailed breakdown of all charges for the product(s) and/or service(s) including applicable time frames.

19. Payment will be made in accordance with Government Code, Title 10, Subtitle F, Chapter 2251.

20. All warranties shall be stated as required in the Uniform Commercial Code.

21. The Vendor/Contractor/Provider and Collin County agree that both parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code.

22. The Vendor/Contractor/Provider agree to protect Collin County from any claims involving infringements of patents and/or copyrights.

23. The contract will be governed by the laws of the State of Texas. Should any portion of the contract be in conflict with the laws of the State of Texas, the State laws shall invalidate only that portion. The remaining portion of the contract shall remain in effect. The contract is performable in Collin County, Texas.

24. The Vendor/Contractor/Provider shall not sell, assign, transfer or convey the contract, in whole or in part, without the prior written approval from Collin County.

25. The apparent silence of any part of the specification as to any detail or to the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of the specification shall be made on the basis of this statement.

26. Vendor/Contractor/Provider shall not fraudulently advertise, publish or otherwise make reference to the existence of a contract between Collin County and Vendor/Contractor/Provider for purposes of solicitation. As exception, Vendor/Contractor/Provider may refer to Collin County as an evaluating reference for purposes of establishing a contract with other entities.

27. The Vendor/Contractor/Provider understands, acknowledges and agrees that if the

Vendor/Contractor/Provider subcontracts with a third party for services and/or material, the primary

Vendor/Contractor/Provider (awardee) accepts responsibility for full and prompt payment to the third party. Any dispute between the primary Vendor/Contractor/Provider and the third party, including any payment dispute, will be promptly remedied by the primary vendor. Failure to promptly render a remedy or to make prompt payment to the third party (subcontractor) may result in the withholding of funds from the primary Vendor/Contractor/Provider by Collin County for any payments owed to the third party.

28. Vendor/Contractor/Provider shall provide Collin County with diagnostic access tools at no additional cost to Collin County, for all Electrical and Mechanical systems, components, etc., procured through this contract.

29. Criminal History Background Check: If required, ALL individuals may be subject to a criminal history background check performed by Collin County prior to access being granted to Collin County facilities.

Upon request, Vendor/Contractor/Provider shall provide list of individuals to the Collin County

Purchasing Department within five (5) working days.

30. Non-Disclosure Agreement: Where applicable, vendor shall be required to sign a non-disclosure agreement acknowledging that all information to be furnished is in all respects confidential in nature, other than information which is in the public domain through other means and that any disclosure or use of same by vendor, except as provided in the contract/agreement, may cause serious harm or damage to Collin County. Therefore, Vendor agrees that Vendor will not use the information furnished for any purpose other than that stated in contract/agreement, and agrees that Vendor will not either directly or indirectly by agent, employee, or representative disclose this information, either in whole or in part, to any third party, except on a need to know basis for the purpose of evaluating any possible transaction. This agreement shall be binding upon Collin County and Vendor, and upon the directors, officers, employees and agents of each.

31. Vendors/Contractors/Providers must be in compliance with the Immigration and Reform Act of 1986 and all employees specific to this solicitation must be legally eligible to work in the United States of

America.

32. Certification of Eligibility: This provision applies if the anticipated Contract exceeds $100,000.00 and as it relates to the expenditure of federal grant funds. By submitting a bid or proposal in response to this solicitation, the Offeror certifies that at the time of submission, he/she is not on the Federal

Government’s list of suspended, ineligible, or debarred contractors. In the event of placement on the list between the time of proposal submission and time of award, the Offeror will notify the Collin

County Purchasing Agent. Failure to do so may result in terminating this contract for default.

33. Notice to Vendors/Contractors/Providers delivering goods or performing services within the Collin

County Detention Facility: The Collin County Detention Facility houses persons who have been charged with and/or convicted of serious criminal offenses. When entering the Detention Facility, you could:

(1) hear obscene or graphic language; (2) view partially clothed male inmates; (3) be subjected to verbal abuse or taunting; (4) risk physical altercations or physical contact, which could be minimal or possibly serious; (5) be exposed to communicable or infectious diseases; (6) be temporarily detained or prevented from immediately leaving the Detention Facility in the case of an emergency or “lockdown”;

and (7) subjected to a search of your person or property. While the Collin County Sheriff’s Office takes every reasonable precaution to protect the safety of visitors to the Detention Facility, because of the inherently dangerous nature of a Detention Facility and the type of the persons incarcerated therein, please be advised of the possibility of such situations exist and you should carefully consider such risks when entering the Detention Facility. By entering the Collin County Detention Facility, you acknowledge that you are aware of such potential risks and willingly and knowingly choose to enter the

Collin County Detention Facility.

34. Delays and Extensions of Time when applicable:

i. If the Vendor/Contractor/Provider is delayed at any time in the commence or progress of the Work by an act or neglect of the Owner or Architect/Engineer, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the

Vendor/Contractor/Provider's control, or by delay authorized by the Owner pending mediation and arbitration, or by other causes which the Owner or Architect/Engineer determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the

Owner/Architect/Engineer may determine.

ii. If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that the weather conditions had an adverse effect on the scheduled construction.

35. Disclosure of Certain Relationships: Chapter 176 of the Texas Local Government Code requires that any vendor considering doing business with a local government entity disclose the vendor’s affiliation or business relationship that might cause a conflict of interest with a local government entity. Subchapter

6 of the code requires a vendor to file a conflict of interest questionnaire (CIQ) if a conflict exists.